Effective September 1, 2012, E-Discovery amendments to the following
existing Florida Rules of Civil Procedure drafted in my subcommittee are effective: 1.200
(Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General
Provisions Governing Discovery); 1.340 (Interrogatories to
Parties); 1.350 (Production of Documents and Things and Entry Upon Land
for Inspection and Other Purposes); 1.380 (Failure to Make Discovery;
Sanctions); and 1.410 (Subpoena). These rules will now include
Electronically Stored Information or ESI. See Florida Supreme Court
E-Discovery amendments opinion at--http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins in civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases. Service by E-mail under Florida Rule of Judicial Administration 2.516 is deemed complete when sent. E-mail service is made
by attaching a copy of the document to be served in PDF format. The
E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all
capital letters, followed by the case number of the relevant proceeding.
The body of the E-mail must identify the court in which the proceeding
is pending, the case number, the name of the initial party on each side,
the title of each document served, and the sender’s name and telephone
number. The E-mail and attachments together may not exceed 5 megabytes
in size or must be divided into separate e-mails (no one of which may
exceed 5 megabytes) and labeled sequentially in the subject line. Attorneys practicing in the
criminal, traffic, and juvenile divisions of the trial court may
voluntarily choose to serve documents by e-mail under these
procedures or may continue to operate under existing rules.
E-mail service will be mandatory for attorneys practicing in remaining
divisions on October 1, 2013. See E-Service opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, though civil ECF is well-established in Orange County, new electronic filing requirements adopted by the Fifth District Court of Appeal begin today by Administrative Order-- http://www.5dca.org/Clerk/Administrative%20Orders/AO5D12-03_08_12.pdf. Those who practice in this area should register with the appellate court's eDCA system-- http://edca.5dca.org
Archive of the evolution of civil procedure rules for Electronically Stored Information (ESI) in Florida. Also features periodic developments relevant to E-Discovery practitioners.
Showing posts with label E-Portal. Show all posts
Showing posts with label E-Portal. Show all posts
Saturday, September 1, 2012
Today's the Day for Electronic Everything!
Thursday, July 19, 2012
E-Everything coming in FLA.
Effective September 1, 2012, E-Discovery amendments to the following
existing Florida Rules of Civil Procedure become effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins September 1st in civil, probate,
small claims, and family law divisions of the trial courts, as well as in
all appellate cases. Under Florida Rule of Judicial Administration 2.516,
service by E-mail is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. When the rules take effect on September 1, attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013. See E-Service opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, all 67 county clerks of court have been directed to accept
E-filings through the statewide e-portal in the civil divisions and new
electronic filing requirements will become effective in the civil, probate,
small claims, and family law divisions of the trial courts, as well as for
appeals to the circuit courts in these categories of cases, on April 1,
2013. As civil ECF is well-established in Orange County, this is nothing
new. Next, the new electronic filing requirements the Court adopts will
become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013. See E-filing opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc11-399.pdf
existing Florida Rules of Civil Procedure become effective: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). These rules will now include Electronically Stored Information or ESI. See Florida Supreme Court E-Discovery amendments opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf
Additionally, mandatory E-service begins September 1st in civil, probate,
small claims, and family law divisions of the trial courts, as well as in
all appellate cases. Under Florida Rule of Judicial Administration 2.516,
service by E-mail is deemed complete when sent. E-mail service is made by attaching a copy of the document to be served in PDF format. The E-mail must contain the subject line "SERVICE OF COURT DOCUMENT" in all capital letters, followed by the case number of the relevant proceeding. The body of the E-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served, and the sender’s name and telephone number. The E-mail and attachments together may not exceed 5 megabytes in size or must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. When the rules take effect on September 1, attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013. See E-Service opinion at--
http://www.floridasupremecourt.org/decisions/2012/sc10-2101.pdf
Finally, all 67 county clerks of court have been directed to accept
E-filings through the statewide e-portal in the civil divisions and new
electronic filing requirements will become effective in the civil, probate,
small claims, and family law divisions of the trial courts, as well as for
appeals to the circuit courts in these categories of cases, on April 1,
2013. As civil ECF is well-established in Orange County, this is nothing
new. Next, the new electronic filing requirements the Court adopts will
become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013. See E-filing opinion at-- http://www.floridasupremecourt.org/decisions/2012/sc11-399.pdf
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